Written question asked by Andrew Mackinlay (Labour) on Tuesday, 12 January 2010, in the House of Commons. It was due for an answer on Monday, 18 January 2010. It was answered by Meg Hillier (Labour) on Tuesday, 19 January 2010 on behalf of the Home Office.

Extradition: USA

Question: To ask the Secretary of State for the Home Department pursuant to the answer of 7 January 2010, Official Report, column 518W, on extradition: USA, and pursuant to the answer of 6 January 2010 by the Minister of State at the Foreign and Commonwealth Office, Official Report, columns 419-20W, on USA: extradition, how he ensures that he exercises his powers in respect of such extraditions to the US in accordance with the obligations of the Human Rights Act 1998.

Answer: [holding answer 18 January 2010]: The Secretary of State has an implied power to withdraw an extradition order where, exceptionally, a new issue arises subsequent to the completion of all proceedings under the Extradition Act 2003 but before the person has been extradited. The basis for that implied power, whether in respect of an extradition request from the USA or from any other of the UK's many extradition partners, is section 6 of the Human Rights Act 1998. It follows that the new issue must be evidence that extradition would breach the person's convention rights. In deciding that question, the Secretary of State considers thoroughly all of the issues raised taking account of legal advice available to him and recognising that his decision in such cases is susceptible to challenge by judicial review.

Secondary information

Type: Written question
Reference: 504 c263W; 311000
Session: 2009-10
Related items: Extradition: USA
Thursday, 7 January 2010
Written questions
House of Commons
Subjects: Extradition USA
Link: View this Written question on www.publications.parliament.uk